Police abuse is a relevant and timely issue that affects communities across the country. The majority of victims of police violence are ethnic (particularly people African-American and Hispanic descent). Civil liability is legal damages awarded in a civil lawsuit. The award amounts due to civil liability suits against police departments is the subject of heated debate and media scrutiny. There are several studies which review the use of excessive force. Three articles in this literature review discuss the use of excessive force; two in regards to civil liability while the third is a survey of officers’ attitudes. Landmark court cases are discussed. Solutions to the use of excessive force are reviewed.
Keywords: excessive force, police abuse,
Connor (1989) where the Supreme Court created limitations under the constitution. The court decided that “‘excessive forces in the course of arrest, investigatory stop, or other ‘seizure’ of a person are properly analyzed under the Fourth Amendment 's 'objective reasonableness ' standard (Lee & Vaughn, 2010)." In addition, the case of City of Canton v. Harris (1989) showed that agencies are liable under Section 1983 if they fail to properly train police officers. "The Court reasoned that municipalities are deliberately indifferent to the inhabitants ' constitutional rights when they do not train their officers regarding the appropriate use of force... (Lee & Vaughn,
In addition, women face incredible challenges when the progress in their careers, such as harassment and discrimination. These problems negatively affect police departments nationwide.
The third journal article was written by policing scholars and details police attitudes about police violence and abuse. The abuse of police authority: A national study of police officers ' attitudes was the first national study of its kind. Researchers interviewed over 900 police officers in over 5,000 police departments across the country. An interesting finding is that officers believe the "potential for abuse of police authority comes directly from the heightened community expectations and the closer community-police contact (Weisburg, Greenspan, E. Hamilton, Bryant, & Williams, 2001)." In addition, "Participants indicated the need for more experienced officers to take a lead in helping officers cope with the stress of the job and their personal lives (Weisburg, Greenspan, E. Hamilton, Bryant, & Williams, 2001)." While this report does not touch on civil liability it does discuss abuse of authority and community policing. It goes over how supervisors handle misconduct complaints and allegations. It gives readers a viewpoint into the culture of policing and the mindset of officers and their supervisors, decisions are made. This article is helpful in that it provides an inside look into the lives of police
Over the years, our nation has witnessed countless cases of police brutality. It has developed into a controversial topic between communities. For instance, deindustrialization is the removal or reduction of manufacturing capability or activity can lead to more crimes when people are laid off. Police officers are faced with many threatening situations day-to-day gripping them to make split second decisions; either to expect the worst or hope for the best. The police are given the authority to take any citizen away for their action that can ruin their lives. With that kind of power comes great responsibility, which is one main concern with the amount of discretion officers have is when to use lethal force. The use of excessive force might or
Smith, M. R., Petrocelli, M., & Scheer, C. (2007). Excessive force, civil liability, and the taser in
Although accountability has always been an issue, the injustices that are currently occurring make it priority. Police officers are getting “special treatment” and are not facing charges for crimes they have committed. Police officers are not held accountable for their a...
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have is when to use force or when to use lethal force. The use of excessive force may or not be a large predicament but should be viewed by both the police and the community.
Police misconduct is as rampant as ever in America, and it has become a fixture of the news cycle. Police brutality is the use of any force exceeding that reasonably necessary to accomplish a lawful police purpose. The media is inevitably drawn toward tales of conflict, hence why there are so many crime and police stories on the news. Despite the increasing frequency of misbehaving cops, many Americans still maintain a high respect for the man in uniform. Still, police misconduct is a systemic problem, not just an anecdotal one. Here are some reasons why it is a problem. First, many departments don’t provide adequate training in nonviolent solutions. With this, police are unfamiliar with what to do in a non-violent situation, often resorting
Police brutality is a very real problem that many Americans face today. The police carry an enormous burden each day. Police work is very stressful and involves many violent and dangerous situations. In many confrontations the police are put in a position in which they may have to use force to control the situation. There are different levels of force and the situation dictates the level use most of the time. The police have very strict rules about police use force and the manner in which they use it. In this paper I will try to explain the many different reason the police cross the line, and the many different people that this type of behavior effects. There are thousands of reports each year of assaults and ill treatment against officers who use excessive force and violate the human rights of their victims. In some cases the police have injured and even killed people through the use of excessive force and brutal treatment. The use of excessive force is a criminal act and I will try and explore the many different factors involved in these situations.
Just how much force is appropriate under various circumstances can be debatable. When an officer uses excessive force, he or she violates the law. Most brutality is directed against minority groups or otherwise powerless populations. Officers who engage in brutality rationalize their use of extralegal force, they claim they are punishing those groups that threaten to disrupt the social order. The importance of understanding racism in the context of police brutality cannot be underestimated. Many police officials automatically regard racial minority group members as potentially dangerous regardless of their particular activities, gestures, or attire. This perception of racial minority citizens as “trouble” sometimes translates into racially discriminatory police behavior. Most police officers expect citizens to always surrender to police authority. When citizens challenge it instead, some officers view such behavior as the unofficial crime of disobeying a police officer and use physical force to gain compliance. So what can be done to help prevent police brutality around our
Police brutality is rising heavily in the United States. Many cases of police brutality are being reported regularly by the media. There have been victims either physically injured, molested, permanently disabled, killed in the process or even die in the care of officers. Ethnic minority groups are major victims of most cases of reported police brutalities in America. There have been more injustice than justice in these cases and if there’s no serious legal consequences against police’s that engage in racial profiling and brutalities against their victims then it may continue to and eventually they will lose the public’s trust and respect for our officers. And in worst cases may lead to the breakdown of law and order as well as the destruction of lives, properties and communities.
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have is when to use force or when to use lethal force. The use of excessive force may or not be a large predicament but should be viewed by both the police and the community.
Cheh, M. "Are lawsuits an answer to police brutality." Police violence: Understanding and controlling police abuse of force (1996): 247-72.
Recently in the United States there has been in increase in deaths that have come from police officers using deadly force. The use of force is inevitable as a police officer, many times their own lives or the life’s civilians are at risk when it comes to determine what type of force a officer should use. There are many incidents where police officer have to react in a matter of seconds and has to choose between his own life or that of the individual causing the disturbance. When a Police Officer uses deadly force has caused outraged with the public, stirring up protests and creating a scandal for the police officer and the Police Department. Many do not know when it is right for an officer to use deadly force and what constitutes it, or what happens when the officer does not use the appropriate amount of force that is required to control the situation. There has been many changes in Police Departments around the country to try to reduce the use of deadly force in response to the issues that have occurred because of it.
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
Women bring unique skills and techniques to policing such as: compassion and understanding during undesirable and traumatic incidents. Although, women do not possess the muscles or physical strength as the male officers, they do have effective invaluable interpersonal skills. Females are viewed as threats by their male peers. Women face prejudice, peer bullying, and sometimes sexual harassment during their career in law enforcement (Criminal Justice School Info, 2014). The male officers believe that women have unfair advantages when it comes to getting promotions or advancements. In actuality, a lot of women in law enforcement are afraid to apply for higher positions due to fear of maltreatment by the male officers. Women who work in law enforcement often feel as if they must “prove themselves” beca...
Chaney and Robertson, (2013) stated that “The Department of Justice office of Civil Rights has investigated more than a dozen police departments in major cities across the country on allegations of racial discrimination or police brutality”. Police brutality is defined as the use of excessive physical force or verbal assault and psychological intimidation. White police officers who grew up in the south and were raised to see African Americans in a negative way have a lower opinion of them. However, not all white police officers are from the south, some say that police officers are just abusing their power. When we look at what is going on around the country, it appears racism plays a part in police brutality. Even during this new digital age, there are video cameras in police cars facing the front of the vehicle, but that still does not hinder police using excessive
Police brutality is an act that often goes unnoticed by the vast majority of white Americans. This is the intentional use of “excessive force by an authority figure, which oftentimes ends with bruises, broken bones, bloodshed, and sometimes even death” (Harmon). While law-abiding citizens worry about protecting themselves from criminals, it has now been revealed that they must also keep an eye on those who are supposed to protect and serve. According to the National Police Academy, in the past year, there have been over 7,000 reports of police misconduct; fatalities have been linked to more than 400 of these cases (Gul). Police brutality is often triggered by disrespect towards the police officer.